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File #: RES 14-034    Version: 1 Name: 13-66 Weston Woods_CUP
Type: Resolution Status: Passed
File created: 2/20/2014 In control: City Council
On agenda: 2/20/2014 Final action: 2/20/2014
Title: GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 70 TWINHOME UNITS AND 1,168 SQUARE FEET OF ACCESSORY BUILDING SPACE FOR AN EXISTING HOME LOCATED AT 4398 FLOWERFIELD ROAD IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT AT 8791 LEXINGTON AVENUE NE. MARK OF EXCELLENCE HOMES. (CASE FILE NO. 13-0066/SLK)
Sponsors: Bryan Schafer
Attachments: 1. Weston Woods_CUP - Attachment, 2. Weston Woods_CUP - Public Comments, 3. Weston Woods_CUP - Jan PC Minutes
Related files: RES 14-033, ORD 14-2279
ITEM:         11.4C         DEVELOPMENT BUSINESS - Planning and Community Development Director
 
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 70 TWINHOME UNITS AND 1,168 SQUARE FEET OF ACCESSORY BUILDING SPACE FOR AN EXISTING HOME LOCATED AT 4398 FLOWERFIELD ROAD IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT AT 8791 LEXINGTON AVENUE NE. MARK OF EXCELLENCE HOMES. (CASE FILE NO. 13-0066/SLK)
 
Schedule of Actions
Planning Commission (Public Hearing)
01/14/14
City Council (1st Reading Rezoning)
02/06/14
City Council (2nd Reading, Plat, CUP)
02/20/14
Action Deadline (Extended by City)
04/05/14
 
Planning Commission
The Planning Commission voted unanimously to recommend approval of the Rezoning, Preliminary Plat and Conditional Use Permit. Residents spoke at the public hearing with concerns about drainage, landscaping and traffic. Written comments were also received with similar concerns.
 
Background
 
Rezoning
Currently the property, which contains a 9 hole golf course, clubhouse, maintenance building and private residence, is zoned R-1 (Single Family). Because the developer is proposing a different housing style with different design issues, platting requirements, lot sizes, etc. the DF (Development Flex) zoning is proposed to establish the minimum standards for each of these areas.  This zoning district has been used frequently within the City for the type of development that is proposed.  A Conditional Use Permit (CUP) and Plat are also required for development approval.
 
The proposed rezoning to DF and the accompanying proposal with CUP is consistent with the site's LDR/MDR land use designation in the City's Comprehensive Plan.
 
Conditional Use Permit and Preliminary Plat
The applicant is proposing to subdivide an existing golf course, Kate Haven into 70 attached twinhome style units.
 
The Weston Woods on Rice Creek consists of subdividing approximately 37 acres into a subdivision with 70 dwelling units. Approximately 22 acres of the site will be disturbed with a large wetland/open space feature located in the middle of the site that will be retained. Net development density will be approximately 4.6 units per acre which is within the density range allowed by the parcel's LDR/MDR (Low/Medium Density Residential) land use designation. Therefore no change to the city's Comprehensive Plan is required.
 
The preliminary plat also includes three outlots and two common lots for drainage, ponding, and roadways. The single family home located 4398 Flowerfield Road is not part of the plat but is covered by the rezoning and CUP.
 
The twinhomes would include brick, stone, and varying rooflines. The floor plans would provide approximately 1,500 square feet of finished area above grade (first floor) with one and two bedrooms on the first floor. All homes will also have basement levels, most with walk-outs. The estimated price range is $375,000 -$475,000 per home.
 
All attached units are proposed to be constructed with a 20-foot front yard setback with the exception of units fronting on Flowerfield Road will have 30 foot front yard setback. A minimum of 20 feet between houses will be provided in the side yard. The two internal streets that will be constructed will be private. All yard landscaping, driveways, and internal roadways will be association maintained.
The applicant has provided a landscape plan that will need to include additional plantings to be consistent with other DF type developments and to meet the tree replacement requirements.   The landscape plan will need to include two trees per unit that would be located in the front yard or in close proximity to the proposed units.
 
In addition to the previously required trees (two trees per unit) the applicant will need to provide a heavily landscaped plan for the berm area adjacent to Lexington Avenue.  The berm adjacent to Lexington Avenue (approximately 1,300 feet of frontage) will need to include a mixture of 60 conifers and 30 overstory trees.  Also, the eastern property line on the south side of the site, and east of the grading area for drainage will need to include the planting of 30 conifer trees to provide a buffer for the property owners to the east since this is the area where many of the existing trees are removed for grading or house pads.
The applicant has provided an adequate amount of parking on the site.  Staff is suggesting that the approximately 22 stalls located on the northeast corner of the street labeled Outlot C be removed.  The proposed development has other parking stalls located on site, parking is permitted on the street as it is a private street, and all units have parking available on the driveway approaches.  Staff believes this will provide adequate parking for the site.
 
Existing Home
The northeast parcel, 4398 Flowerfield Rd. (labeled exception) contains a single family home, owned by the current Kate Haven owner, which is proposed to be a part of the rezoning to DF (Development Flex).  The DF zoning and CUP will allow the applicant to construct a larger detached garage on the parcel.  The existing attached garage is 850 square feet and the proposed detached garage is 768 square feet for a total of 1618 square feet of accessory building space on this parcel.  The proposed detached structure will be constructed of materials that match the existing home and will be used to store yard maintenance equipment and garage related items.
 
Engineering Issues
Developer to dedicate drainage and utility easements over proposed Outlots A, B, and C. Existing easements on underlying properties will need to be vacated before the plat can be recorded, except for the existing MCES easement over the sanitary sewer.
 
A rough grading and sediment control plan must be submitted for City approval prior to work being performed on site. Erosion control details shall be included on the grading plan.
 
The size of site being graded requires a National Pollutant Discharge Elimination System(NPDES) permit from Minnesota Pollution Control Agency. A development plan must be submitted for City approval prior to issuance of the first building permit. The development plan must indicate that all structures will be protected from flooding.
 
Rice Creek Watershed District permit is required prior to the City approving any work on site.
 
The developer shall process a Letter of Map Change with FEMA prior to issuance of building permits within the unnumbered AE-Zone on the FEMA flood map. Developer shall provide all FEMA paperwork and structure as-built surveys to homeowners at time of lot closing.  Developer is responsible for following through with FEMA as necessary to receive final FEMA documents and to provide those documents to the homeowners, and to record the final documents on the certificate of title for each parcel in the development.  As-built surveys will be required to verify structure elevations and lot grading for each structure constructed.
 
The developer will be responsible for installation of sanitary sewer, water main, storm drainage improvements, streets with concrete curb and gutter, streetlights, mailboxes, sidewalks, traffic control signs, street signs, and all appurtenant items. The Developer will be responsible for the maintenance of the infiltration basins after they are constructed to insure that the basins are functioning correctly. All Streets will need to follow the Anoka County street name grid system.
Water service for this plat will need to come from the existing stub on 88th Lane alignment at Lexington Avenue.   
 
Developer will need to obtain a permit from the Metropolitan Council Environmental Services for the proposed work in and around the existing trunk sanitary sewer line that runs through the parcel prior to City allowing any work on site.
 
Plans and specifications must be approved by the City prior to start of construction. All streets shall be constructed to City Standards for width based on parking configuration. The current plan shows both streets at 29 feet in width which would allow parking on both sides and the elimination of several parking stalls as described above.  However, these are private streets and could constructed to a minimum of 24-foot wide streets that could be parked on one side provided "NO PARKING FIRE LANE" signs are posted every 75 feet on the opposite side of the drive.
 
Standard utility and drainage easements must be dedicated along all lot lines and over drainage ditches, ponds, delineated wetlands, and storm water detention basins.  The Developer is to provide access for maintenance of storm water detention basins. Restrictions will be placed on lots as needed to limit fences and landscaping to insure access.
 
Developer to require homeowner's associations to be responsible for maintenance and upkeep of all utilities, streets, storm drainage improvements, and landscape improvements in the development. Developer shall provide documentation to the homeowner's association, with copies to the City, about maintenance procedures for the improvements.
 
The applicant will need to construct a 6 foot concrete side walk along the proposed streets labeled Outlot B and C, and along the north side of 87th Avenue from Lexington Avenue to the east edge of the plat.
 
The driveway for the four units on Flowerfield Road will be limited to a maximum driveway width of 30 feet.
 
Outlot A shall be combined with Outlot B to form one outlot.  
Developer to install grouped mailboxes with design and locations approved by City and US Postal Service.
 
Standard water and sanitary sewer access charges (WAC & SAC) become due with each building permit at the rate established at the time the building permit is issued.
 
Park dedication will be required on all new lots (70).
 
All development signage by separate review.
 
Recommendation
By motion, approve the Ordinance.
Attachments
Zoning and Location Map
Site Plan
Preliminary Plat
Grading Plan
Landscape Plan
Elevations and Floor Plans (5)
4398 Flowerfield Site Plan and Elevations
Public Comments
Unapproved 01/14/14 Planning Commission Minutes
 
Body
      WHEREAS, an application has been filed by Mark of Excellent Homes as Conditional Use Permit Case File No. 13-0066; and
 
      WHEREAS, a public hearing has been held by the Blaine Planning Commission on January 14, 2014; and
 
      WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and
 
      WHEREAS, the Blaine City Council has reviewed said case on February 6 and February 20, 2014.
 
      NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a conditional use permit is hereby approved per Section 29.80 of the Zoning Ordinance to allow for construction of 70 twinhome units and 1,168 square feet of accessory building space for an existing home located at 4398 Flowerfield Road in a DF (Development Flex) zoning district based on the following conditions:
1.      Construction of all attached housing units to be generally guided by the City Council's Resolution and by depictions, drawings and information on the attached plans.  All site plans, unit plans, and landscape plans require approval of the Planning Department prior to work beginning.  All site work to meet the Performance Standards Section 33.00 of the Zoning Ordinance.
2.      All site plans to be reviewed, by the City, for how the site plans deal with setbacks between units and paved surfaces, provision for adequate and convenient off-street parking, landscape treatments along project edges and between project types, emergency vehicle access, fire hydrant spacing.
3.      A minimum of 20 feet is required between structures.  
4.      A minimum front yard setback of 20 feet is required, to be measured from back of curb on a private street. The exception is to the four units on Flowerfield Road which will have a minimum front yard setback of 30 feet.
5.      No detached accessory structures permitted.
6.      All housing units to incorporate Noise Abatement Standards with Central Air conditioning.
7.      Developer to install grouped mailboxes with design and locations approved by City and US Postal Service.
8.      All garages to be a minimum of 400 square feet with no dimension less than 20 feet.
9.      Minimum finished floor area above grade for detached townhomes of 1,500 square feet.
10.      Model home sales area with one temporary office trailer to be set-up based on location, site and landscape plans to be approved by the City prior to installation. Sales trailer to be removed within one year from 1st phase final plat approval by the City Council.
11.      Two trees per unit (overstory and conifers) are required to be planted, for each residential unit, as yard trees within the townhome development. These trees are to be located in the front yard or in close proximity to the proposed units.  These trees are in addition to the perimeter landscaping along Lexington Avenue and eastern property line.
12.      A landscape plan be prepared for the 1,300 feet of frontage on Lexington Avenue that contains a minimum of 30 overstory deciduous trees and 60 conifer trees.  Also, the eastern property line on the south side of the site, and east of the grading area for drainage will need to include the planting of 30 conifer trees to provide a buffer for the property owners to the east.
13.      All landscape turf areas to be sod with underground irrigation.
14.      Private swimming pools are not permitted.
15.      Standard WAC and SAC payments will be required with each building  permit.
16.      All site improvements to be covered by an executed SIPA (Site Improvement Performance Agreement) and acceptable financial guarantee.
17.       Site Plan Approval is required prior to commencement of any improvements.
18.       Section 33.11 (d) (3) of the Zoning Code shall apply to this development for purposes of regulating home occupations.
19.      The existing home located at 4398 Flowerfield Road on the northeast corner of the proposed plat (labeled exception) will be required to meet R-1 (Single Family) Zoning Standards, with the exception that the accessory building space on this parcel is allowed up to 1,618 s.f. The proposed detached structure will be constructed of materials that match the existing home. Storage within this building is limited to vehicles, lawn and yard maintenance equipment and household storage.  
 
PASSED by the City Council of the City of Blaine this 20th day of February 2014.